Chicago Failure to Diagnose Lawyer
The Failure to Diagnose Puts Chicago Patients at Risk
When doctors or specialists delay or miss a diagnosis, patients are at risk of sustaining further injuries. In some cases, the failure to diagnose critical health issues leads to the death of a patient. This is a prevalent problem in the American healthcare system that frequently turns treatable conditions into life-threatening ones. When healthcare professionals fail to diagnose a patient, and cause him or her to suffer harm as a result, they can be held accountable through a medical malpractice lawsuit.
At Lloyd Law Group, we have sought justice on behalf of patients harmed by the failures of the healthcare system. From a delayed cancer diagnosis, to missed signs of a stroke, our failure to diagnose lawyers can help you seek financial recovery when your delayed diagnosis causes you to suffer.
(312) 519-2777.
Table of Contents
Types of Commonly Undiagnosed Conditions
Nearly 12 million people are misdiagnosed each year in the United States. This hidden threat in the American healthcare system places patients in danger. When doctors fail to accurately diagnose their patients, the results can be fatal. An estimated 40,000 to 80,000 people die each year from diagnostic failures in U.S. hospitals.
The top 5 most commonly missed diagnoses are colorectal cancer, breast cancer, lung cancer, heart attacks, and prostate cancer. Additionally, symptoms of sepsis and stroke are frequently overlooked.
Heart Disease and Heart Attacks
Heart disease or a heart attack is usually misdiagnosed in individuals who don’t fit the expected profile or present as otherwise healthy. More than 11,000 heart attack diagnoses are missed each year, and delaying the treatment of a heart condition can have serious consequences for patients. When heart problems go unresolved, permanent muscle death, scarring, or fatality can occur. Typically, these misdiagnoses occur as a result of misinterpreted tests or symptoms, the failure to order tests, or the diagnosis of another condition, such as heart burn or panic attacks.
Cancer
Nearly half of all cases of medical misdiagnosis annually are cancer. Missed or delayed cancer diagnoses are often fatal. Cancers can progress rapidly, and, when they are left untreated, can wreak havoc on a patient’s health. Often, a doctor fails to diagnose cancer because he or she fails to investigate a patient’s family history, ignores patient symptoms, fails to order or misreads tests or screenings, or fails to refer the patient to a specialist when necessary.
Stroke
A stroke is a quickly progressing, dangerous medical condition that can have a significant impact on a victim’s life when left untreated. Stroke symptoms are usually identified when a patient seeks emergency treatment and has the key symptoms. However, in some cases, a stroke may present with symptoms such as dizziness, disorientation, or fatigue. In these less-obvious cases, a stroke or fatal blood clot may be missed completely by a doctor.
How Much Is my Medical Malpractice Claim Worth?
The value of your medical malpractice claim is influenced by the severity of the injuries or illness you suffered. The degree of illness or injury you suffer will directly determine the value of the damages available in your claim. When injuries are more severe, they yield higher medical treatment costs and have a greater impact on your life, meaning that the damages evaluated in your claim will be higher.
A medical malpractice attorney with Lloyd Law Group will review your case to determine the damages available in your claim. During this review, the following factors will be considered:
- The medical treatment expenses you would not have incurred if the doctor provided proper treatment
- The extent to which the illness or injury was exacerbated by the failure to diagnose your condition
- Any disability or death that was caused by the delayed diagnosis
Damages in a medical malpractice claim fall into two primary categories: punitive and compensatory damages. Compensatory damages are awarded with the intention of returning victims to a state of “wholeness.” Punitive damages, on the other hand, are intended as a punishment against the liable party.
Compensatory damages are further divided into economic and non-economic damages.
Economic Damages
In medical malpractice cases, economic damages compensate you for the costs you incurred as a result of the delayed diagnosis. These often include:
- Initial medical expenses
- Long-term care costs
- Lost wages or reduced earning capacity
- Prescription medication or medical equipment expenses
If a doctor’s failure to provide an accurate diagnosis in time leads to the wrongful death of a loved one, the surviving dependents can file a lawsuit to recover economic expenses. In cases of wrongful death, economic expenses also include funeral and burial expenses and lost financial support.
Non-Economic Damages
Non-economic damages compensate victims for the additional costs caused by the injury. The value of these damages is harder to calculate, as they are not associated with tangible expenses. Instead, the courts calculate non-economic damages based on the value of the victim’s economic damages.
Non-economic damages can include:
- Loss of consortium
- Disability or disfigurement
- PTSD, Depression, Anxiety, or other emotional injuries
- Pain and suffering
Similar to economic damages, loved ones can recover non-economic damages in a wrongful death claim after a fatal missed diagnosis. In such cases, these damages also include lost mentorship or parental guidance.
If the party that caused your catastrophic injury acted maliciously or their behavior was especially egregious, you may also be awarded punitive damages. These damages are intended to punish the wrongdoer, and help prevent similar actions in the future.
Contact a failure to diagnose attorney at (312) 519-2777 to find out how much your medical malpractice claim is worth.
What Causes a Doctor to Delay a Diagnosis?
Diagnostic errors can occur for a variety of reasons. Hospitals, healthcare providers, lab workers, and other parties may be at-fault for causing a missed diagnosis. In some cases, the patient may be the root cause of a missed diagnosis, either through failing to disclose symptoms accurately or not following through with ordered tests.
When Hospitals Are Negligent
A hospital may negligently hire staff that is unqualified or under trained to perform tests and provide treatment. Additionally, they may fail to provide adequate staffing, leading to hasty work, fatigued providers, and delays in the diagnostic process.
When Healthcare Providers Cause a Missed Diagnosis
A healthcare provider may be directly responsible for missing the signs of a serious illness or injury. This can occur for a variety of reasons, and represents a lapse in the medical standards of care doctors owe to their patients. Healthcare providers are responsible for a missed diagnosis when they misinterpret a patient’s symptoms, misread test results, or fail to perform a thorough examination of the patient’s medical history.
When the Insurance Company Causes a Delayed Diagnosis
In some cases, the insurance company may be the root cause of a delayed diagnosis. They may negligently stall the provision of coverage in an effort to reduce company expenses. An insurance company may also negligently deny coverage for essential tests, causing the claimant to wait to receive a diagnosis.
When a Missed Diagnosis Is Circumstantial
Not all delayed diagnoses are caused by medical negligence. In some cases, the patient may delay his or her own treatment or misrepresent his or her symptoms. Additionally, the fragmentation of medical care can cause symptoms to be overlooked and add extra time to the diagnosis process.
Fragmentation of medical care occurs when individuals see a variety of providers and specialists in the process of treating or diagnosing the same health concern. This can lead to a failure to diagnose due to miscommunication, lost files, and delayed appointments.
Testimonials
Attorney Lloyd handled a medical malpractice claim for my family. I was impressed with his ability and patience answering all questions regarding the matter. As an attorney, I appreciated his approach to the claim. His preparation for depositions, and there were many, was exemplary. My family and I were 100% satisfied with the result.
~ David Thomas
Frequently Asked Questions About Failure to Diagnose Lawsuits
When can I sue for a delayed diagnosis?
Patients can sue for a missed diagnosis that was caused by medical negligence when they experience damages resulting from the delayed treatment. Damages in a failure to diagnose lawsuit would typically include medical expenses, lost income, and other suffering the patient would not have incurred if his or her condition was treated promptly. The essential elements behind a medical malpractice case for failure to diagnose are that a doctor patient relationship existed, the delayed diagnosis caused harm, and the patient suffered damages from that harm.
How long do I have to file a medical malpractice lawsuit for a failure to diagnose?
Victims of medical malpractice in Illinois have two years to file a suit in most cases. The discovery rule does apply to the statute of limitations, however, meaning that the clock doesn’t start ticking until the patient discovers, or should have discovered, the negligent event. There is a four-year cap that still applies in these cases. Claims involving minors or incapacitated victims may have special conditions regarding how long they have to file suit.
How do I prove my doctor was negligent?
Medical negligence can be proven through medical records, testimony by other staff members, and expert witness testimony. A medical malpractice lawyer at Lloyd Law Group can help you demonstrate that a healthcare provider’s negligence caused you to suffer.